Subbian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Third day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) Nos.3738 and 3740 of 2017 SUBBIAN ... PETITIONER/RANK NOT KNOWN IN CRL OP(MD)NO.3738 OF 2017 1 SUBBIAN 2 SENTHIL ... PETITIONERS/ACCUSED RANK NOT KNOWN IN CRL OP(MD)NO.3740 OF 2017 Vs STATE THROUGH THE INSPECTOR OF POLICE PERAOORANI POLICE STATION, THANJAVUR DISTRICT.

... RESPONDENT/COMPLAINANT IN BOTH THE PETITIONS CRIME NO. 62/2017 IN CRL OP(MD)NO.3738 OF 2017 CRIME NO. 61/2017 IN CRL OP(MD)NO.3740 OF 2017 For Petitioners : M/S.R.VENKATESHWAR Advocate IN BOTH THE PETITIONS For Respondent : MRS.S.PRABHA, Govt. Advocate ( Crl. Side) IN BOTH THE PETITIONS PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner in Crl.O.P.(MD).No.3738/2017 who is arrayed as accused in Crime No.62 of 2017 and the petitioners in Crl.O.P.(MD). No.3740 of 2017 who are arrayed as accused in Crime No.61 of 2017 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 143, 188, 289, 279 and 353 in Crime No.62/2017 and U/s.143, 188, 283 and 290 IPC in Crime No.61 of 2017 respecitvely and hence, seek anticipatory bail in both the cases.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondent/State. 3.The learned counsel for the petitioners submitted that it is alleged in both the complaints that on 26.02.2017 the petitioners have conducted Rekhla Race without obtaining any permission from the competent authority. He would further submit that the petitioners are innocent. They have been falsely implicated in these cases. They have not committed any offence as alleged in the complaint. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate appearing for the respondent / Police submitted that the petitioner viz., Mr.Subbian has one previous case of similar nature and that the investigation is pending.

5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Pattukottai and on each executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that the petitioners shall appear before the respondent police once in a week ie., on every Monday at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 6.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 03/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,PATTUKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE PERAOORANI POLICE STATION, THANJAVUR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+2. CC to M/S.R.VENKATESHWAR Advocate SR.No.18950 &18951

ORDER

IN CRL OP(MD) No.3738 & 3740 of 2017 Date :03/04/2017 GCG MS/PM-PN/SAR-IV/05.04.2017 :2P/7C https://hcservices.ecourts.gov.in/hcservices/